Are Pets More Than Just Property?

Pets sleep in our beds, eat gourmet food and even drink bottled water, but there is a disconnect between the way people view pets and the way the law views them.

Denis and Sarah Scheele say their beloved pooch, Shadow, was essentially their child, but law says Shadow is mere property.

"Shadow was not just a dog," Sarah Scheele told The Early Show veterinary correspondent Dr. Debbye Turner. "None of our companions are just dogs. They are truly a part of us and members of our family."

When they took a road trip from their Annapolis, Md., home to Vermont, Shadow and Lucy went with them. They arrived early at a church for a family event. They parked in the back of the church parking lot so the dogs could get some exercise.

Shadow wandered over toward the treeline and onto the property of the residence next door, where Lewis Dustin lives. Dustin saw a dog on his property but didn't see the owners in the parking lot. He shot Shadow with a pellet gun.

"We heard this pop," Denis Scheele said, "And then heard a door slam. And in the mist of the popping and the door slamming, heard Shadow yelping — a big yelp."

The pellet pierced Shadow's heart. He died within minutes.

"That morning I said, 'We are so lucky. Everything is so good,' and soon after, we had lost him," Sarah Scheele said.

Charges were brought against Dustin and he was convicted of a misdemeanor for shooting shadow. He was sentenced to community service, had to pay restitution and get counseling. But because the law considers pets property, the Scheeles were not entitled to any compensation for the emotional distress of Shadow's death.

"We wanted the state of Vermont to create case law that would recognize that companion animals are truly members of the family," Sarah Scheele said.

The Scheeles found a Vermont lawyer, Heidi Groff, and sued in Vermont civil court.

"Count one was negligence. Count two was negligent infliction of emotional distress. And count three was loss of companionship," Groff said.

Vermont Superior Court Judge Matthew Katz dismissed the claim of emotional distress and loss of companionship. The Scheeles plan to appeal to the state supreme court.

"We're not asking the court to say that a dog is a person," Groff said. "We are asking the court to say that a dog is more than a $30 adoption charge."

Animal law expert Chris Green says the Scheele's case is bigger than Shadow's tragic death.

"The law should just reflect the way the world currently is," Green said. "The attention it generates, even if the suit is ultimately unsuccessful will make people realize, 'Wow. I had no idea that someone could kill my dog and I have no legal recourse.' "

But there are felony provisions for animal cruelty in 42 states and the District of Columbia. And in recent years juries around the country have awarded larger sums in certain cases. But these are exceptions not the rule. That is what the Scheele's hope to change.

"We have to start in Vermont and then we'll go to the state of Maryland, which is our home state," Sarah Scheele said, "and we'll just continue to go until, either all the states recognize the importance of the value of companion animals to a family and hopefully we will do that in our lifetime."

For more information on the Scheele's case, visit JusticeforShadow.com.